THE MECHANICAL

ENGINEERING LAW
ENGR. KATARUNGAN B. DE PANO MBA, PME
REPUBLIC ACT NO. 8495
AN ACT REGULATING THE PRACTICE OF MECHANICAL
ENGINEERING IN THE PHILIPPINES

BE IT ENACTED BY THE SENATE AND HOUSE OF

REPRESENTATIVES OF THE PHILIPPINES IN CONGRESS
ASSEMBLED:
ARTICLE I
TITLE, STATEMENT OF POLICY, AND DEFINITION OF
TERMS
• Section 1. Title.-This Act shall be known as the –Philippine Mechanical Engineering Act of
1998.
• Section 2. Statement of Policy.- The State recognizes the importance of mechanical
engineers in nation- building and development. Their talents through sustainable human
development shall be promoted. Thus, the State shall develop and nurture competent,
virtuous, productive and well-rounded mechanical engineers whose standard of
professional practice and service shall be excellent, qualitative, world-class and globally
competitive through regulatory measures, programs and activities.
SECTION 3. DEFINITION OF TERMS.- AS USED IN THIS ACT, THE FOLLOWING TERMS SHALL
MEAN AS FOLLOWS:

• a) Practice of Mechanical Engineering - A person shall be deemed to be practicing mechanical engineering

or rendering mechanical engineering service within the meaning and intent of this Act when he performs the
following:
• (1) Consultation, valuation, investigation and management services requiring mechanical engineering
knowledge;
• 2) Engineering design, preparation of plans, specifications and projects studies or estimates for
• mechanical equipment, machinery, or processes of any mechanical works, projects or plants;
•
• (3) Management or supervision of the erection, installation, alteration, testing and commissioning of
• mechanical equipment, machinery, or processes in mechanical works, projects or plants;
• (4) Management, supervision, operation, tending or maintenance of any mechanical equipment,
• machinery or processes in mechanical work, projects or plants;
• 5) Management or supervision of the manufacture, sale, supply or distribution of mechanical equipment parts or components;
• (6) Teaching of mechanical engineering professional subjects in government recognized and accredited engineering schools; and
• 7) Employment in government as a professional mechanical engineer, registered mechanical engineer, or certified plant
mechanic if the nature and character of his work is in line with his profession requiring professional knowledge of the science of
mechanical engineering.
•
 • b) Mechanical equipment or machinery - includes all prime movers such as steam engines and
turbines, internal combustion engines and gas engines and turbines; steam generators such as boiler; furnaces; heat
exchanger such as cooling towers, kilns and dryers coolers and heaters; materials handling equipment, such as
pumps, cranes, conveyors, hoists, elevators, escalators, mechanized dumbwaiters, moving ramps and walkways:
heating, air-conditioning, ventilating, and refrigeration equipment and machinery, including compressors and
centrifugal fans, mechanical pollution abatement and environmental control system; piping system with a working
pressure of not less than 70 kpa., fired and unfired pressure vessels, printing machine; mechanical working
machines for metallic and non-metallic materials and other mechanical equipment and machinery whether
installed on land, underground, or on board watercraft.
• c) Mechanical processes, works, projects or plants shall include steam plants, geothermal plants,
dander-thermal plants, nuclear plants, ocean thermal energy conservation (OTEC) plants, internal combustion
plants, hydraulic plants, pumping plants, compressed gas plants, all kinds of mills, shops, factories, shipyards dry
docks, heating, air conditioning, ventilating and refrigeration plants containing any mechanical equipment,
machinery or process deriving power from steam, fossil fuels, wind, air, gas, water, solar heat, nuclear energy,
ocean waves and tides, or other energy sources.
• d) Capacity of process works, projects or plant-rated capacity in kilowatt
of mechanical works, projects or plants for the purpose of this Act shall be the total
kilowatt ratings of all engines, motors, boilers, turbines, or other prime movers installed
for use in such works, projects or plants, whether in operation or not, and without
regard to the number of capacities of the mechanical equipment, machinery or processes
receiving power from or intended to be driven by such prime movers
 ARTICLE II
BOARD OF MECHANICAL ENGINEERING

• Section 4. Creation and Composition of the Board of Mechanical Engineering.- There is hereby created a
Board of Mechanical Engineering, hereinafter called the Board, to be composed of a Chairman and
two (2) members to be appointed by the President of the Philippines from a list of three (3)
recommend for each Position, chosen, ranked in the order of preference and submitted by the
Professional Regulation Commission, hereinafter referred to as the Commission, from a list of five
nominee submitted by the duly accredited association of mechanical engineers in the Philippines. The
Board shall be organized not later than six (6) months from the affectivity of this Act.
• Section 5. Qualifications of Members of the Board. – A member of the Board shall, at the time of his
• appointment, possess the following qualifications:
• a) Natural born citizen and resident of the Philippines;
• (b) Must be at least thirty-five (35) years of age;
• (c) Holder of the degree of Bachelor of Science in Mechanical Engineering or its equivalent, conferred by a school, academy,
college or university in the Philippines or abroad that is accredited by the Commission on Higher Education (CHED);
• (d) A Professional Mechanical Engineer with a valid professional license and an active practitioner as such, for not less than ten
(10) years prior to his appointment;
• (e) Must not, for a period of three (3) consecutive years prior to appointment, be a member of the faculty of any school,
academy, institute, college or university where a regular course in mechanical engineering is being taught, nor have pecuniar y
interest in or administrative supervision over any such institutions of learning;
• (f) Must not, for a period of three (3) consecutive years prior to appointment, be connected with a review center or with any
group or association where review classes or lectures in preparation for the licensure
• examination are offered or conducted at the time of appointment; and (g) Has never been convicted of any offense involving
moral turpitude.
• Section 6. Term of Office.- A member of the Board shall hold office for a term of three (3) years from the date
of his appointment or until his successor shall have been qualified and duly appointed, unless, however, that
such incumbent member has been re appointed for another three (3) years term. No member of the Board
shall serve for more than two (2) regular terms. Any vacancy occurring within the term of a member due to
resignation, conviction of any kind, disability or death, shall be filled by appointment by the President of the
Philippines; and such member appointed shall serve for the un expired portion of the term vacated without
prejudice to serve for a maximum of two (2) full terms. If the appointee comes from the incumbent Board, he
shall serve the remaining vacated term in addition to the previous years he had already served and shall be
qualified for reappointment in his new position: Provided, his aggregate number of years of service shall not
exceed two (2) regular full terms. Each member of the Board shall take his oath of office prior to the official
performance of his duties.
 • Section 7. Compensation and Allowances of the Board Members.- The Chairman and members of the
Board shall receive compensation and allowances comparable to the compensation and allowances
being received by the Chairmen and members of existing regulatory boards in the Commission and
as may be provided for in the General Appropriations Act.

• Section 8. Supervision of the Board, Custodian of its Records, Secretariat and Support Services.- The Board
shall be under the general supervision of the Commission. All records of the Board, including
applications for examination, examination papers and results, minutes of deliberation, administrative
cases, and other investigative cases involving the profession shall be kept by the Commission. The
Commission shall designate the secretary of the Board and shall provide the Secretariat and other
support services to implement the provisions of this Act.
• Section 9. Power and Duties of the Board.- The Board shall exercise the following specific powers, functions, duties and
responsibilities:
• (a) To promulgate and adopt the rules and regulations necessary for carrying out the provisions of this

• Act;

• (b) To supervise the registration, licensure and practice of mechanical engineers in the Philippines;
• (c) To administer oaths in connection with the successful examinees entering the practice of Mechanical Engineering;

• (d) To issue the certificate of registration to successful examinees;

• (e) To issue, suspend and/or revoke, after due process certificates of registration and issue, cancel and suspend
professional license or cancel special permits for the practice of mechanical engineering, for causes provided by law;

• (f) To adopt an official seal of the Board;

• (g) To look into the conditions affecting the practice of the mechanical engineering profession and whenever
necessary, adopt such measures as may be deemed proper for the enhancement and maintenance of high professional and
ethical standards of the profession; (h) To prescribe and/or adopt a Code of Ethical and Professional Standards for the
practice of the mechanical engineering profession.
• i) To hear and try administrative cases involving violations of this Act, its Implementing Rules and
Regulations, the Code of Ethics for Mechanical Engineers, and for this purpose, to
issue subpoena and subpoena duchess tecum to secure the appearance of witnesses and the production of
documents in connection therewith;
• (j) Prescribe guidelines in the Continuing Professional Education (CPE) program in coordination with
• accredited association of mechanical engineers;
• (k) Prepare, adopt, issue or amend the syllabi of the subjects for examinations;
• (l) Approve, issue, limit or revoke temporary license to practice mechanical engineering; and (m) Discharge
such other duties and functions as may be deemed necessary for the enhancement of the mechanical
engineering profession and the upgrading, development and growth of mechanical engineering education in
the Philippines.
• Section 10. Annual Report.- The Board shall, at the close of each calendar year, submit an annual report
to the President of the Philippines through the Professional Regulation Commission, giving a detailed
account of its proceedings and accomplishments during the year and making recommendations for the
adoption of measures that will upgrade and improve the conditions affecting the practice of mechanical
engineering in the Philippines.

• Section 11. Removal of Board Member.- The President upon recommendation of the Commission
may remove any member of the Board on the following grounds: neglect of duty or
incompetence, violation or tolerance of the violation of this Act or the Code of Ethics for
Mechanical Engineering, final judgment of crimes involving moral turpitude, after having given the
member an opportunity to be heard and/or defend himself in a proper administrative
investigation.
ARTICLE III
EXAMINATION, REGISTRATION AND LICENSE

• Section 12. Examination Required.- All applicants for registration for the practice of
mechanical engineering shall be required to undergo and pass a written technical
examination as provided for in this Act
• Section 13. Categories.- Certificates of registration for the practice of mechanical
engineering shall be of three (3) categories and in order of rank as follows:
• (a) Professional Mechanical Engineer; b) Mechanical Engineer; and (c) Certified Plant
Mechanic.
• Section 14. Qualifications of Applicants for Professional Mechanical Engineer.- Any applicant to the professional mechanical
engineering examination must, at the time of filing of his application, establish to the satisfaction of the Board that:
•
• (a) He is a citizen of the Philippines;
• (b) He must not have been convicted by a court of law of a crime involving moral turpitude;
• (c) He has a valid certificate of registration and he is a registered mechanical engineer and a holder of a valid professional
license;
• (d) He has graduated from an engineering school or college of recognized standing, after completing an approved course in
mechanical engineering;
• (e) He has specific record of a total of four (4) years or more of active mechanical engineering practice, reckoned
• from the time he registered a mechanical engineering practice; and
•
• (f) He is competent to practice, as attested to by at least two (2) professional mechanical engineers.
•
• Section 15. Qualifications of Applicants for Mechanical Engineer - Any person applying for
examination and for a Certificate of Registration as Mechanical Engineer shall, prior to
admission to the examinations, establish to the satisfaction of the Board that:
• (a) He is a citizen of the Philippines;
• (b) He must not have been convicted by a court of law of a crime involving moral turpitude;
• (c) He holds the degree of Bachelor of Science in Mechanical Engineering from a university,
school, College, academy, or institute duly constituted and recognized as such by the
government.
• Section 16. Qualifications of Applicants for Certified Plant Mechanic.- Any person applying for examination for
certificate of registration as Certified Plant Mechanic shall establish to the satisfaction of the Board that:
• (a) He must not have been convicted by a court of law of a crime involving moral turpitude;
• (b) He has graduated from a vocational or trade school duly recognized by the government after
completing an approved course of not less than two (2) years in stationary or power plant engineering or
any mechanical plant operation; and
• (c) He has specific record of an additional one (1) year or more of active practice in mechanical
plant operation of such character as indicated in an affidavit of a registered professional mechanical
engineer and, likewise establish to the satisfaction of the Board, that the applicant is competent to
undertake the operation, tending and maintenance of mechanical works, projects or plant of not less than
one hundred (100) kilowatts.
•
• Section 17. Scope of Examination.- The scope of examination and the methods of procedure shall be prescribed by the
Board with special reference to the applicants – ability to perform the type of engineering work pertaining to the
particular category he is to be registered in.
• (a) Professional Mechanical Engineer - The granting of professional mechanical engineer Certificate
of Registration shall be testimonial in nature which shall include the submission of an enumeration of the applicants -
experience including the presentation of an engineering report/technical paper pertinent to his line of experience
attested to by two (2) or more profession mechanical engineers in an affidavit for this purpose;
• (b) Mechanical Engineer - The applicant shall pass a written examination on different subjects or group of
subjects prescribed by the Board, and within the syllabi prepared by the Board with emphasis on power plant and
industrial plant engineering, mathematics, engineering economics, economic analysis, laws and ethics and machine design.
The subjects in which the applicant for Mechanical Engineers shall be examined are:

• 1. Machine Design, Materials, and Shop Practice

• 2. Industrial and Power Plant Engineering

• 3. Mathematics Engineering Economics and basic engineering sciences

• c) Certified Plant Mechanic Ð The examination for Certified Plant Mechanic may be written or oral on
• subject matters based on the following submitted statement of experience:
•
• 1. Elements of Power Plant Machinery
• 2. Elements of Industrial Plant Machinery; and
• 3. Shop Machinery and Practice. Subject to the approval of the Commission, the Board may amend or revise
the subjects, their syllabi, passing average, and the system and procedure in the licensure examinations for the
practice of mechanical engineering and the corresponding weight pursuant to implementing rules and
regulations issued for this purpose. The said subjects and their syllabi may be amended by the Board so as to
conform to technological changes brought about by continuing trends in the profession.
• Section 18. Ratings.-To pass the examination, a candidate for a professional mechanical engineer, a
mechanical engineer, and certified plant mechanic must obtain an average of seventy percent (70%)
on all subjects, with no rating below fifty percent (50%) in any of the subjects.
• Section 19. Report of Ratings.- The Board shall submit to the Commission the ratings obtained by
each candidate within fifteen (15) days after the examinations, unless extended for just cause.
• Section 20. Re-examination.- An applicant who fails to pass the examination for the third time shall
be allowed to take another examination only after the lapse of one year.
• Section 21. Oath.- All successful candidates in the examination shall be required to take an oath of
profession before the Board or any government official authorized to administer oaths, prior to
entering upon the practice of the mechanical engineering.
• Section 22. Issuance of Certificates of Registration and Professional License.- Upon payment of the
registration fee as established by the Commission, the Board shall issue a certificate of registration
to any applicant who has met all the requirements specified in this Act for the particular category he
is registering in.
• All certificates of registration shall indicate the full name of the registrants, signed by all the members
of the Board and the Commission and affixed with the official seal of the Commission. The issuance
of a certificate of registration by the Board to a registrant is evidence that the person named therein
is entitled to all the privileges of a registered and licensed professional mechanical engineer,
mechanical engineer or certified plant mechanic, as the case may be, for as long as said certificate
remains valid.
• A professional license bearing the registration number, date of issuance, expiry date and duly signed
by the chairman of the Board, shall likewise be issued to every registrant, provided that professional
fees have been paid. No person shall practice mechanical engineering in this country unless such
person shall have secured a license to practice Mechanical Engineering in the manner herein
provided. A licensee is entitled to practice the profession with all the privileges appurtenant thereto
until the expiration of the validity of his license.

• Subject to the approval of the Commission, certificates of specialty shall be issued by the Board,
subject to the approval of the Commission, to Professional Mechanical Engineers who have been
screened and recommended by accredited mechanical engineers association. These are for specific
fields in which the applicants have specialized knowledge, training and experience and have
documented their competence and expertise. The Board shall subject to the approval of the
Commission, and after consultation with said association concerned, prescribe and issue the
necessary guidelines for the issuance of these certificates.
• Section 23. Integration and Accreditation of Mechanical Engineers.- An integrated organization of mechanical engineers shall
be created and accredited by the Board of Mechanical Engineering and the Professional Regulation Commission. All
persons whose names now appear in the roll of professional mechanical engineers, mechanical engineers, and certified
plant mechanics under the custody of the Board and the Commission, or those who may hereafter be included therein
upon registration and payment of the required fees shall automatically become members of the integrated and accredited
organization of mechanical engineers.

• The integration of the mechanical engineering professional shall not be a bar to the formation of voluntary organization
of mechanical engineers which may coexist with the integrated and accredited organization of mechanical engineers and
other affiliated organization of mechanical engineers. The Board, subject to the approval by the Commission and after
consultation with the existing accredited organization of mechanical engineers and other affiliated organization of
mechanical engineers and, if possible, with the substantial number of the mechanical engineers who are non organization
members, shall provide the guidelines and mechanisms for the establishment and creation, continued supervision of the
integrated and accredited organization of mechanical engineers. The registered and licensed engineers and certified plant
mechanics shall receive the benefits and privileges appurtenant to their membership in duly integrated and accredited
mechanical engineering association only upon payment of the required fees and dues.
• Section 24. Seal of a Professional Mechanical Engineer. - A professional mechanical engineer shall, upon
registration, obtain a seal of such design prescribed by the Board, bearing the registrants- name, the
certificate number and the legend -Professional Mechanical Engineer.- Designs, plants, specifications, project
feasibility studies, appraisals, recommendations, technical reports, proposals, and other professional
documents involving mechanical equipment, works, projects or plants shall be stamped on every sheet with
said seal of the registrant when filed with government authorities or when submitted or
use professionally: Provided, that it shall be submitted or used professionally: Provided, that it shall be unlawful
for any one to stamp or seal any document with the said seal after the certificate shall have been revoked or
cancelled.
• Section 25. Non-issuance of Certificate for Certain Grounds.- The Board shall not issue a certificate of
registration to any person convicted by court of competent jurisdiction of any crime involving moral
turpitude, or immoral or dishonorable conduct or any person of unsound mind declared by a court of
competent jurisdiction, furnishing the party concerned a written statement containing the reasons for such
action, which statement shall be incorporated in the records of the Board.
• Section 26. Revocation and Suspension of Certificate.- The Board shall have the power, upon proper notice and
hearing, to suspend or revoke any certificate of registration of any registrant for any cause specified in the
preceding section, or for the use in whatever way of any fraud or deceit in obtaining a certificate of
registration, or for gross negligence or incompetence or for unprofessional or dishonorable conduct and for
violation of the code of ethics for mechanical engineers and certified plant mechanics: Provided, That the action
of the Board shall be subject to appeal to the Commission within fifteen (15) days from notice, whose
decision on the matter shall be final.
• Section 27. Grounds for Suspension and Revocation of Licenses.- The Board shall have the power, upon due notice
and hearing, to revoke or suspend the license of mechanical engineers, or to cancel a temporary/special
permit for any cause specified in the preceding sections, including but not limited to: the use or perpetuation
of any fraud or deceit in obtaining a certificate of registration, or for incompetence, negligence, or for
abatement of the illegal practice of mechanical engineering, violation of the provisions of this Act, its
implementing Rules and Regulations and/or violations of Policies of the Board including the Code of Ethics for
Mechanical Engineering: Provide, however, That such action of the Board shall be subject to appeal without
prejudice to the right of the aggrieved party to apply with the proper Regional Trial Court for appropriate
relief.
• Section 28. Reinstatement and Replacement of the Certificates.- The Board, upon application and for reasons
of equity and justice, may reinstate the validity of a revoked certificate of registration and professional
license, upon payment of the required fees, at least two (2) years after revocation. A new certificate of
registration to replace any certificate lost, destroyed or mutilated may be issued, subject to the rules of
the Board, and upon payment of the required fee.

• Section 29. Renewal of License.- The professional license shall serve as evidence that the licensee can
lawfully practice his profession until the expiration of its validity. However, renewal of license can only be
done upon payment of renewal fee corresponding to three (3) consecutive years.
• Section 30. Vested Rights: Automatic Registration of Practicing Mechanical Engineers.- All practicing Mechanical
Engineers who are registered at the time this Act takes effect, shall automatically be registered.
• Section 31. Coverage of Temporary/Special Permits. -The following shall be required to secure a
Temporary/ Special Permit from the Board subject to the approval by the Commission.

• (a) Mechanical engineers, installation, commission or graduate engineers from other

countries called in for consultation or for a specific design or installation project not requiring
more than three (3) months residence in the Philippines in a twelve (12) month
period: Provided,That such engineers are legally qualified to practice mechanical engineering in
their own country or state in which the requirements and qualifications for obtaining a
certificate of registration are at least equal to or more than those specified in this Act as
certified by the Board;
• b) Foreigners employed as technical officers, training officers or consultants in such special branches of mechanical
engineering who, in the judgment of the Board, are necessary and advantageous for the country particularly in the aspects of
technology transfer, may be issued temporary permits: Provided, That such engagements have satisfied conditions, as may be
deemed necessary as follows:

• 1) Non-availability of a mechanical engineer and/or mechanic in the country who is competent, able and willing at the
time of engagement to perform the service for which the foreigner is desired for;

• 2) The foreigner must have been in the prior employ of the engaging firm, or its foreign business partner, outside of
the Philippines for a period of not less than one (1) year immediately preceding the date of his engagement;

• 3) Any particular or specific engagement shall not be in excess of six (6) months but may be renewed once, if
necessary, except when such engagement is for a newly established firm in which case the period of engagement may be for a
longer term but not to exceed a total term of two (2) years.
• Section 32. Indication of License and Professional Tax Receipt.- The Mechanical Engineer shall
be required to indicate his Professional License number, the duration of validity, including
the professional tax receipt number on the documents he signs, uses or issues in
connection with practice of his profession.

ARTICLE 4: TO BE CONT.